Judge Rules Trump’s Order Against WilmerHale Law Firm Unconstitutional

WilmerHale hailed the ruling as a win for constitutional rights, while the White House argued clearance decisions lie outside judicial review.

A federal judge on Tuesday struck down President Donald Trump’s executive order, partly aimed at suspending security clearances for lawyers at WilmerHale, ruling it unconstitutional.

In a 73-page opinion, U.S. District Judge Richard Leon stated that Trump’s order violated the firm’s rights to free speech and due process, noting that the order uses sanctions and other forms of “coercion” to suppress WilmerHale’s “representation of disfavored causes and clients.”

“The order shouts through a bullhorn: If you take on causes disfavored by President Trump, you will be punished!” Leon wrote. “Other firms facing similar executive orders have capitulated to President Trump.”

The judge’s move follows Trump’s issuing of multiple executive orders targeting major law firms.

“My Administration is committed to addressing the significant risks associated with law firms, particularly so-called ‘Big Law’ firms, that engage in conduct detrimental to critical American interests,” Trump said in an order issued on March 27.
In that order, Trump said that WilmerHale has “abandoned the profession’s highest ideals and abused its pro bono practice to engage in activities that undermine justice and the interests of the United States.”
Trump stated that WilmerHale engaged in “obvious partisan representations to achieve political ends” by employing lawyers who, he said, abused their prosecutorial power.
The order specifically cited WilmerHale employing former special counsel Robert Mueller, who had previously investigated allegations of cooperation between Trump’s 2016 presidential campaign and Russian actors. The probe ultimately found no evidence that they conspired to influence the election.

“Mueller’s investigation epitomizes the weaponization of government, yet WilmerHale claimed he ‘embodies the highest value of our firm and profession’,” the order stated. “This weaponization of the justice system must not be rewarded, let alone condoned.”

The order directed all executive departments and agencies to suspend security clearances for anyone at WilmerHale, as far as the law permits, while those clearances are reviewed to see if they’re consistent with the national interest.

WilmerHale filed a lawsuit on March 28, alleging that Trump’s order violated the firm’s First Amendment rights and its rights to due process. The law firm has praised Leon’s decision on May 27.

“The court’s decision to permanently block the unlawful executive order in its entirety strongly affirms our foundational constitutional rights and those of our clients,” it said in an emailed statement to The Epoch Times. “We remain proud to defend our firm, our people, and our clients.”

White House spokesman Harrison Fields said in a statement that Trump acted within his power by rescinding security clearances for the firm’s attorneys.

Fields emphasized that reviewing the president’s clearance decisions “falls well outside the judiciary’s authority.”

Trump’s order also stated that WilmerHale used its pro bono practices to support efforts designed to enable noncitizens to vote and that it discriminated against employees based on their race.

The order also directed federal agencies to terminate any contracts with the law firm, and restrict its employees’ access to government buildings.

In a similar case, a federal judge on May 23 struck down Trump’s order targeting the law firm Jenner & Block, which was linked to Mueller. Another judge overturned Trump’s order targeting law firm Perkins Coie on May 2.

Nine law firms have reached deals with Trump that included providing hundreds of millions of dollars worth of pro bono legal services, loosely defined as being for mutually supported causes.

The Justice Department can appeal Leon’s order to the U.S. Court of Appeals for the District of Columbia Circuit.

Reuters contributed to this report. 

Original News Source Link – Epoch Times

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